The 3 Year Claim Rule!

The 3 Year Claim Rule!

The Limitation Act 1980 sets time limits for people wanting to make claims and the vast majority of personal injury actions are subject to a 3 year limitation period.

What does this mean for you and your claim?
Well the time limit for making a claim for personal injury is 3 years from:

• The date that the injury is caused or
• The date of knowledge (if later) of the person injured

This does not mean that your claim must be complete within this 3 years…. It must either be settled or Court proceedings must be issued within the 3 years.

So, the earlier you notify your solicitor of the injury caused, the more time they will have to collect evidence in support of your claim and to prepare a claim form (detailing your claim) to issue with the court.

Children (i.e. anyone under 18) have longer to claim.

You should also note that there are certain circumstances where the limitation period is less than 3 years these include:

• Injury that is caused at sea (but not on a jet ski!) – The limitation period is then only 2 years.
• When injuries are associated with anything to do with air travel, plane and balloon, the limitation rules are very complex. Therefore the safest assumption is that these types of claim are subject to a 2 year limitation period and so you should act fast and notify your solicitor as soon as possible to ensure they have enough time to prepare and progress your claim.

It is also important to realise that assault is subject to a 6 year limitation period but if brought through the CICA scheme then the limitation period is 2 years although you have to comply with a number of different criteria to be eligible to claim.